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Issues involved: Interpretation of section 13(1)(c)(ii) of the Income-tax Act, 1961 regarding exemption under section 11 for a charitable trust receiving donations and making donations to another trust.
Summary: The High Court of Bombay considered a case where a charitable trust received a donation and made subsequent donations to the same trust, leading to a dispute regarding the applicability of section 13(1)(c)(ii) of the Income-tax Act, 1961. The Commissioner of Income-tax contended that the trust was not entitled to exemption under section 11 due to the provisions of section 13(1)(c)(ii) being attracted. The key issue was whether the term "person" in section 13 includes a trust. The court analyzed the relevant sections of the Act, emphasizing that section 13 has an overriding effect over sections 11 and 12. It noted that the term "person" in the Act includes trusts as per the definition in section 2(31). Therefore, the court concluded that the provisions of section 13(1)(c)(ii) were applicable to the assessee-trust, as it had used a substantial part of its income for the benefit of another trust, falling under the definition of a "person" in section 13(3). The court rejected the contention that trusts should be excluded from the definition of "person" in section 13, as it would defeat the purpose of the Act by allowing circumvention of the provisions. Consequently, the court upheld the Tribunal's decision, ruling in favor of the Revenue and denying the assessee-trust exemption under section 11. Therefore, the court answered the question in the affirmative, supporting the application of section 13(1)(c)(ii) and upheld the Tribunal's decision. No costs were awarded in this case.
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